Coverage Question Series – Part 9
Post on May 25th, 2018
This is a continuing series in which we address policy coverage questions that we routinely discuss with you and your colleagues. The answers provided are based on the basic policy form, currently LPLP-1r; refer to your specific policy and any endorsements attached thereto that may change coverage or the answers provided.
I really, really want to sue my client for fees after my representation ended last month, am I covered?
Yes. But really, wait a year. The statute of limitations for legal malpractice in Ohio is one year. You may have up to eight years to collect your unpaid fee. Allegations of malpractice have a funny way of being asserted by clients who are getting sued for fees. If you wait the year, the malpractice counterclaim is relegated to just an affirmative defense and a set-off of what you are owed. We all want to be paid for the services we provide, but by filing too soon, you create an unnecessary exposure for yourself and your firm. Likewise, if your risk for malpractice claims increases, you can expect an increase in premiums. Risk creating behavior increases premiums, go figure.
As you should expect, these Q&A scenarios are based on simple hypotheticals. Coverage determinations for an actual claim are ultimately based on the unique facts, applicable law, and the Terms, Conditions, Limitations, Exclusions, and Endorsements of your policy.
Carl Marsh, Esq.